Atrocity Speech Law

2017 ◽  
Author(s):  
Gregory S. Gordon
Keyword(s):  
World War Ii ◽  
Hate Speech ◽  
Large Body ◽  
Case Law ◽  
Legal Framework ◽  
Crimes Against Humanity ◽  
Government Officials ◽  
Mass Violence ◽  
Mass Atrocity ◽  
The Individual

Hate speech is widely considered a precondition for mass atrocity. Since World War II a large body of case law has interpreted the key offenses criminalizing such discourse: (1) incitement to genocide; and (2) persecution as a crime against humanity. But the law has developed in a fragmented manner. Surprisingly, no volume has furnished a comprehensive analysis of the entire jurisprudential output and the relation of each of its parts to one another and to the whole. Atrocity Speech Law fills this gap and provides needed perspective for courts, government officials, and scholars. Part 1, “Foundation,” explores the historical relationship between speech and atrocity and the foundations of the current legal framework. Part 2, “Fragmentation,” details the discrepancies and deficiencies within that framework. Part 3, “Fruition,” proposes fixes for the individual speech offenses and suggests a more comprehensive solution: a “Unified Liability Theory,” pursuant to which there would be four criminal modalities placed in one statutory provision and applying to genocide, crimes against humanity, and war crimes: (1) incitement; (2) speech abetting; (3) instigation; and (4) ordering. Apart from the issue of fragmentation, experts have failed to find an accurate designation for this body of law. “International Incitement Law” and “International Hate Speech Law,” two of the typical labels, do not capture the law’s breadth or its proper relationship to mass violence. So with a more holistic and accurate approach in mind, this book proposes a new name for the overall body of international rules and jurisprudence: “atrocity speech law.”

Armed Groups and Crimes against Humanity

2017 ◽  
Author(s):  
Katharine Fortin
Keyword(s):  
Human Rights ◽  
Criminal Responsibility ◽  
Case Law ◽  
Crimes Against Humanity ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Armed Groups ◽  
Civil Responsibility ◽  
Starting Point ◽  
The Individual

The chapter considers the relevance of the law on crimes against humanity to explanations of how armed groups are bound by international human rights law. Exploring the two-tiered nature of crimes against humanity, it shows that responsibility for crimes against humanity exists at two levels: the level of the individual perpetrator (individual criminal responsibility) and the level of the entity behind the perpetrator (a civil responsibility). From this starting point, the chapter analyses what the case law on crimes against humanity can tell us about whether and when armed groups can commit crimes against humanity. The chapter ends by exploring the connection between crimes against humanity and human rights law in a normative sense, examining what a conclusion that armed groups can commit crimes against humanity demonstrates about their obligations under human rights law.

scholarly journals Reflections on Certain Witnesses Protective Measures Under the Rome Statute of the International Criminal Court

2017 ◽  
Vol 13 (34) ◽  
pp. 342
Author(s):  
Romina Beqiri
Keyword(s):  
International Criminal Court ◽  
Due Process ◽  
International Criminal ◽  
Case Law ◽  
Legal Framework ◽  
Criminal Court ◽  
International Standards ◽  
Protective Measures ◽  
Legal Provisions ◽  
The Individual

The witness protection framework at the International Criminal Court (ICC) was made to comply with internationally recognized standards of fundamental human rights, with international standards of fair trial and due process. Its purpose is not only to ensure protection of the physical and psychological integrity of witnesses testifying before the Court but also to ensure respect for the individual rights of the accused and the legitimacy of the proceedings to establish the truth and punish the perpetrators. This article focuses on the ICC’s liberal approach in procedural matters by enriching the jurisprudence and the case-law with principles of application and granting of protective measures. Hence, this article aims at analyzing the legal provisions governing some certain witness protective measures under the ICC legal framework as well as reflections of recent ICC case-law; the practicalities of granting protective measures to witnesses versus concerns in the implementation.

Shoulder Pain at Work: Causation Analysis

2017 ◽  
Vol 22 (1) ◽  
pp. 11-16
Author(s):  
Joel Weddington ◽  
Charles N. Brooks ◽  
Mark Melhorn ◽  
Christopher R. Brigham
Keyword(s):  
Epidemiological Data ◽  
Case Law ◽  
Individual Case ◽  
Shoulder Injury ◽  
Work Related ◽  
Clear Cut ◽  
The Individual ◽  
Causation Analysis ◽  
Injury Causation ◽  
Relevant Factors

Abstract In most cases of shoulder injury at work, causation analysis is not clear-cut and requires detailed, thoughtful, and time-consuming causation analysis; traditionally, physicians have approached this in a cursory manner, often presenting their findings as an opinion. An established method of causation analysis using six steps is outlined in the American College of Occupational and Environmental Medicine Guidelines and in the AMA Guides to the Evaluation of Disease and Injury Causation, Second Edition, as follows: 1) collect evidence of disease; 2) collect epidemiological data; 3) collect evidence of exposure; 4) collect other relevant factors; 5) evaluate the validity of the evidence; and 6) write a report with evaluation and conclusions. Evaluators also should recognize that thresholds for causation vary by state and are based on specific statutes or case law. Three cases illustrate evidence-based causation analysis using the six steps and illustrate how examiners can form well-founded opinions about whether a given condition is work related, nonoccupational, or some combination of these. An evaluator's causal conclusions should be rational, should be consistent with the facts of the individual case and medical literature, and should cite pertinent references. The opinion should be stated “to a reasonable degree of medical probability,” on a “more-probable-than-not” basis, or using a suitable phrase that meets the legal threshold in the applicable jurisdiction.

Adolescent Trials Network for HIV-AIDS Scale It Up Program: Protocol for a Rational and Overview (Preprint)

2018 ◽  
Author(s):  
Sylvie Naar ◽  
Jeffrey T Parsons ◽  
Bonita F Stanton
Keyword(s):  
Implementation Science ◽  
Large Body ◽  
Hiv Infections ◽  
Self Management ◽  
Management Interventions ◽  
Hiv Research ◽  
The Individual ◽  
Youth Living With Hiv ◽  
Living With Hiv ◽  
Hiv Aids

BACKGROUND The past 30 years have witnessed such significant progress in the prevention and treatment of HIV/AIDS that an AIDS-free generation and the end to the global AIDS epidemic are ambitious, but achievable, national and global goals. Despite growing optimism, globally, youth living with HIV are markedly less likely to receive antiretroviral therapy than adults (23% vs 38%). Furthermore, marked health disparities exist regarding HIV infection risk, with young men of color who have sex with men disproportionately affected. A large body of research has identified highly impactful facilitators of and barriers to behavior change. Several efficacious interventions have been created that decrease the rate of new HIV infections among youth and reduce morbidity among youth living with HIV. However, full benefits that should be possible based on the tools and interventions currently available are yet to be realized in youth, in large part, because efficacious interventions have not been implemented in real-world settings. Scale It Up (SIU) primarily aims to assemble research teams that will ultimately bring to practice evidence-based interventions that positively impact the youth HIV prevention and care cascades, and in turn, advance the fields of implementation science and self-management science. OBJECTIVE This paper aims to describe the structure of the U19-SIU and the effectiveness-implementation hybrid trials, as well as other center-wide protocols and initiatives, implemented within SIU. METHODS SIU will achieve its aims through 4 individual primary protocols, 2 center-wide protocols, and 3 cross-project initiatives. RESULTS SIU was funded by National Institute for Child Health and Human Development (U19HD089875) and began in October 2016. As of November 2018, 6 SIU protocols have launched at least the first phase of work (ATN 144 SMART: Sequential Multiple Assignment Randomized Trial; ATN 145 YMHP: Young Men’s Health Project; ATN 146 TMI: Tailored Motivational Interviewing Intervention; ATN 153 EPIS: Exploration, Preparation, Implementation, Sustainment model; ATN 154 CM: Cascade Monitoring; ATN 156 We Test: Couples' Communication and HIV Testing). Further details can be found in the individual protocol papers. CONCLUSIONS To date, the youth HIV research portfolio has not adequately advanced the important care area of self-management. SIU protocols and initiatives address this broad issue by focusing on evaluating the effectiveness and implementation of self-management interventions. SIU is highly innovative for 5 primary reasons: (1) our research framework expands the application of “self-management”; (2) the 4 primary protocols utilize innovative hybrid designs; (3) our Analytic Core will conduct cost-effectiveness analyses of each intervention; (4) across all 4 primary protocols, our Implementation Science Core will apply implementation scales designed to assess inner and outer context factors; and (5) we shall advance understanding of the dynamics between provider and patient through analysis of recorded interactions. INTERNATIONAL REGISTERED REPOR DERR1-10.2196/11204

The sequence form of accounting for atrocity

2021 ◽  
pp. 175069802110179
Author(s):  
Meredith Kimenyi Shepard
Keyword(s):  
Original Work ◽  
Alternative Form ◽  
Mass Violence ◽  
Mass Atrocity ◽  
New Form ◽  
Poetry Collection

Discussions of aesthetic representations of mass atrocity have tended to focus on a particular form—the atrocity allegory—that figures a collective horror through the narrative of an individual protagonist. This essay outlines some of the limits of the atrocity allegory and then examines an alternative form of denoting collective horror, the sequence, through two examples of sequential representation of the genocide against the Tutsi in Rwanda: Juliane Okot Bitek’s poetry collection 100 Days and Wangechi Mutu’s photography essay #100Days. I argue that the sequence offers a radically different method of conceptualizing mass violence than the atrocity allegory by forcing the audience to confront multiple, intimate portraits of loss in quick succession. Unlike the allegory, the sequence does not require the audience to extrapolate from the singular to the collective, as the plurality of sequencing performs that link between individual and collective on its own. I furthermore suggest that the atrocity sequence inspires collaboration and activism by inviting audiences to continue the sequence in a new form where the original work ends, a continuation made possible by the sequence form’s resistance to closure.

scholarly journals Mitigating election violence locally: UN peacekeepers’ election-education campaigns in Côte d’Ivoire

2020 ◽  
Vol 57 (1) ◽  
pp. 199-216 ◽  
Author(s):  
Hannah Smidt
Keyword(s):  
Cote D'ivoire ◽  
Côte D’Ivoire ◽  
Hate Speech ◽  
Local Level ◽  
Relevant Information ◽  
Violent Behaviour ◽  
Cote D’Ivoire ◽  
Côte D'ivoire ◽  
The Individual ◽  
Election Violence

False information, rumours and hate speech can incite violent protest and rioting during electoral periods. To counter such disinformation, United Nations peacekeeping operations (PKOs) routinely organize election-education events. While researchers tend to study how PKOs affect armed group and state behaviour, this study shifts the focus to civilians. It argues that PKOs’ election education reduces violent protest and rioting involving civilians during electoral periods via three pathways. First, learning about PKOs’ electoral security assistance during election-education events may convince people that political opponents cannot violently disturb elections, thereby mitigating fears of election violence. Second, election-education events provide politically relevant information that can strengthen political efficacy and people’s ability to make use of peaceful political channels. Finally, peace messages during election-education events can change people’s calculus about the utility and appropriateness of violent behaviour. Together, these activities mitigate fears, reduce political alienation and counter civilians’ willingness to get involved in violence. To test these expectations, I combine survey data on people’ perceptions and attitudes, events data on violent protest and rioting, and a novel dataset on local-level election-education events carried out by the PKO in Côte d’Ivoire before four elections held between 2010 and 2016. The results show that when the PKO is perceived to be an impartial arbiter, its election-education events have violence-mitigating effects at the individual and subnational levels.

Proportionality under Jus ad Bellum and Jus in Bello: Clarifying their Relationship

2012 ◽  
Vol 45 (1) ◽  
pp. 107-124 ◽  
Author(s):  
Raphaël van Steenberghe
Keyword(s):  
Case Law ◽  
Military Operations ◽  
Military Operation ◽  
Jus In Bello ◽  
Jus Ad Bellum ◽  
Legal Literature ◽  
State Practice ◽  
The Individual ◽  
The Military ◽  
The Relationship

Proportionality is a condition provided under both jus ad bellum and jus in bello. Based on a particular interpretation of state practice and international case law, recent legal literature argues that the two notions of proportionality are interrelated in that proportionality under jus in bello is included in the assessment of proportionality under jus ad bellum. This article seeks to refute such a position and, more generally, to clarify the relationship between the two notions of proportionality.The main argument of the article is in line with the traditional position regarding the relationship between jus ad bellum and jus in bello. It is argued that, although sharing common features and being somewhat interconnected, the notions of proportionality provided under these two separate branches of international law remain independent of each other, mainly because of what is referred to in this article as the ‘general versus particular’ dichotomy, which characterises their relations. Proportionality under jus ad bellum is to be measured against the military operation as a whole, whereas proportionality under jus in bello is to be assessed against individual military attacks launched in the framework of this operation.This article nonetheless emphasises the risk of overlap between the assessments of the two notions of proportionality when the use of force involves only one or a few military operations. Indeed, in such situations, the ‘general versus particular’ dichotomy, which normally enables one to make a distinct assessment between the two notions of proportionality, is no longer applicable since it becomes impossible to distinguish between the military operation as a whole and the individual military attacks undertaken during this operation.

scholarly journals Free movement of workers in the EU and occupational pensions

2017 ◽  
Vol 19 (2) ◽  
pp. 141-157 ◽  
Author(s):  
Marion Del Sol ◽  
Marco Rocca
Keyword(s):  
Case Law ◽  
Legal Framework ◽  
Free Movement ◽  
The European Union ◽  
Occupational Pensions ◽  
Minimum Standards ◽  
Court Of Justice ◽  
Free Movement Of Workers ◽  
The Eu ◽  
Cross National

The European Union appears to be promoting at the same time both cross-national mobility of workers and an increased role for occupational pensions. There is, however, a potential tension between these two objectives because workers risk losing (some of) their pension rights under an occupational scheme as a consequence of their mobility. After long negotiations, the EU has addressed this issue through a minimum standards Directive. Shortly before the adoption of this Directive, the Court of Justice also delivered an important decision in the same field, in the case of Casteels v British Airways. By analysing the resulting legal framework for safeguarding pension rights under occupational schemes in the context of workers’ mobility, we argue that the application of the case law developed by the Court of Justice in the field of free movement of workers has the potential to offer superior protection compared to the Directive. We also highlight the fact that the present legal framework seems to afford a much fuller protection to the intra-company cross-national mobility of workers employed by multinational companies, while also seemingly favouring mobility for highly specialised workers.

The Cheerleaders’ Mock Execution

2011 ◽  
Vol 14 (4) ◽  
pp. 1-9
Author(s):  
Laura Trujillo-Jenks
Keyword(s):  
Public Schools ◽  
Free Speech ◽  
Hate Speech ◽  
School Administrators ◽  
Codes Of Conduct ◽  
Code Of Conduct ◽  
Case Law ◽  
Student Speech ◽  
New Principal ◽  
Culture And Climate

The fervor of student speech is demonstrated through different mediums and venues in public schools. In this case, a new principal encounters the mores of a community that believes in free speech, specifically student free speech. When a pep rally becomes a venue for hate speech, terroristic threats, and profanity, the student code of conduct could become the principal’s best weapon. This case explores case law, codes of conduct, organizational culture and climate, and leadership in the context of a controversial cheerleader sketch at a pep rally. A brief literature review can be found in the teaching notes with suggestions for current and future school administrators.

scholarly journals The tolerogenic interplay(s) among HLA-G, myeloid APCs, and regulatory cells

Blood ◽  
2011 ◽  
Vol 118 (25) ◽  
pp. 6499-6505 ◽  
Author(s):  
Edgardo D. Carosella ◽  
Silvia Gregori ◽  
Joel LeMaoult
Keyword(s):  
T Cells ◽  
Regulatory T Cells ◽  
Immune Responses ◽  
Recent Work ◽  
Large Body ◽  
Regulatory Cells ◽  
Individual Effects ◽  
The Individual ◽  
Key Aspects ◽  
Antigen Presenting

Abstract Myeloid antigen-presenting cells (APCs), regulatory cells, and the HLA-G molecule are involved in modulating immune responses and promoting tolerance. APCs are known to induce regulatory cells and to express HLA-G as well as 2 of its receptors; regulatory T cells can express and act through HLA-G; and HLA-G has been directly involved in the generation of regulatory cells. Thus, interplay(s) among HLA-G, APCs, and regulatory cells can be easily envisaged. However, despite a large body of evidence on the tolerogenic properties of HLA-G, APCs, and regulatory cells, little is known on how these tolerogenic players cooperate. In this review, we first focus on key aspects of the individual relationships between HLA-G, myeloid APCs, and regulatory cells. In its second part, we highlight recent work that gathers individual effects and demonstrates how intertwined the HLA-G/myeloid APCs/regulatory cell relationship is.

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